{"id":4216,"date":"2012-06-17T11:59:48","date_gmt":"2012-06-17T15:59:48","guid":{"rendered":"http:\/\/ncjolt.org\/?p=4216"},"modified":"2020-06-04T20:54:21","modified_gmt":"2020-06-04T20:54:21","slug":"technology-eighth-amendment-problem-supermax-prisons","status":"publish","type":"post","link":"https:\/\/journals.law.unc.edu\/ncjolt\/articles\/technology-eighth-amendment-problem-supermax-prisons\/","title":{"rendered":"Technology and the Eighth Amendment: The Problem of Supermax Prisons"},"content":{"rendered":"<p>The Bureau of Justice Statistics reports that in the United\u00a0States, at the end of 2000, 6.5 million people were either on\u00a0probation, parole, or in jail or prison.This figure represents 3.5\u00a0percent of the population. Of these 6.5 million people, nearly 1.4\u00a0million resided in prison. The United States, one of the world&#8217;s\u00a0largest incarcerators, also leads the way in the development of state\u00a0of the art prisons, known by several names \u00a0but frequently called\u00a0Supermaxes. One figure puts the number of Supermax prisoners\u00a0between 25,000 and 100,000. Undoubtedly, these technologically advanced Supermax prisons represent one of the newest\u00a0approaches to incarceration. However, they also may represent a\u00a0violation of the Eighth Amendment&#8217;s prohibition against cruel and\u00a0unusual punishment \u00a0and foretell of an impending constitutional\u00a0crisis behind prison walls. According to the United States\u00a0Supreme Court, &#8220;[i]t is undisputed that the treatment a prisoner\u00a0receives in prison and the conditions under which he is confined\u00a0are subject to scrutiny under the Eighth Amendment.&#8221;&#8216;\u00a0Correspondingly, technologically advanced Supermax prisons, and\u00a0the unique conditions they create, must be subjected to a rigorous\u00a0Eighth Amendment examination, an examination they will likely\u00a0fail if courts faithfully apply the current test for Eighth\u00a0Amendment violations.<\/p>\n","protected":false},"excerpt":{"rendered":"<p>The Bureau of Justice Statistics reports that in the United\u00a0States, at the end of 2000, 6.5 million people were either on\u00a0probation, parole, or in jail or prison.This figure represents 3.5\u00a0percent of the population. Of these 6.5 million people, nearly 1.4\u00a0million resided in prison. The United States, one of the world&#8217;s\u00a0largest incarcerators, also leads the way <a href=\"https:\/\/journals.law.unc.edu\/ncjolt\/articles\/technology-eighth-amendment-problem-supermax-prisons\/\" class=\"more-link\">&#8230;<\/a><\/p>\n","protected":false},"author":1,"featured_media":0,"comment_status":"closed","ping_status":"closed","sticky":false,"template":"","format":"standard","meta":[],"categories":[5,42,43],"tags":[],"_links":{"self":[{"href":"https:\/\/journals.law.unc.edu\/ncjolt\/wp-json\/wp\/v2\/posts\/4216"}],"collection":[{"href":"https:\/\/journals.law.unc.edu\/ncjolt\/wp-json\/wp\/v2\/posts"}],"about":[{"href":"https:\/\/journals.law.unc.edu\/ncjolt\/wp-json\/wp\/v2\/types\/post"}],"author":[{"embeddable":true,"href":"https:\/\/journals.law.unc.edu\/ncjolt\/wp-json\/wp\/v2\/users\/1"}],"replies":[{"embeddable":true,"href":"https:\/\/journals.law.unc.edu\/ncjolt\/wp-json\/wp\/v2\/comments?post=4216"}],"version-history":[{"count":1,"href":"https:\/\/journals.law.unc.edu\/ncjolt\/wp-json\/wp\/v2\/posts\/4216\/revisions"}],"predecessor-version":[{"id":7723,"href":"https:\/\/journals.law.unc.edu\/ncjolt\/wp-json\/wp\/v2\/posts\/4216\/revisions\/7723"}],"wp:attachment":[{"href":"https:\/\/journals.law.unc.edu\/ncjolt\/wp-json\/wp\/v2\/media?parent=4216"}],"wp:term":[{"taxonomy":"category","embeddable":true,"href":"https:\/\/journals.law.unc.edu\/ncjolt\/wp-json\/wp\/v2\/categories?post=4216"},{"taxonomy":"post_tag","embeddable":true,"href":"https:\/\/journals.law.unc.edu\/ncjolt\/wp-json\/wp\/v2\/tags?post=4216"}],"curies":[{"name":"wp","href":"https:\/\/api.w.org\/{rel}","templated":true}]}}